Case Law

In the instant case, the Applicant maintains that he is of Tanzanian nationality, which is being contested by the Respondent state. ln the circumstance, it is necessary to establish on whom lies the burden of proof. lt is the opinion of the Court that, since the Respondent State is contesting the Applicant's nationality held since his birth on the basis of legal documents established by the Respondent State itself, the burden is on the Respondent state to prove the contrary.

22 August 2018 | Judicial Body: African Court on Human and Peoples' Rights | Topic(s): Burden of proof - Effective remedy - Expulsion - Withdrawal of nationality | Countries: Tanzania, United Republic of

Order for provisional measures.

25 March 2011 | Judicial Body: African Court on Human and Peoples' Rights | Topic(s): Human rights and fundamental freedoms - Human rights courts - Internal armed conflict - Jurisdiction - Right to liberty and security - Right to life | Countries: Libya

15 December 2009 | Judicial Body: African Court on Human and Peoples' Rights | Topic(s): Crimes against humanity - Jurisdiction - Torture - War crimes | Countries: Chad - Senegal